Terms, Conditions, And Privacy Policy

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This document serves as the over-arching Terms and Conditions for use and perusal of all websites and online material provided or published by The Novelty Factor LLC and said LLC’s subsidiaries or alternate business names (herein referred to as “Novelty Factor,” “We,” “Us,” or “Our”). These Terms and Conditions cover the following: Acceptable Use, Privacy, Cookies, and (Anti-)Spam policies (herein referred to as “Terms”).

The Novelty Factor LLC is a Limited Liability Company formed in the State of Colorado in the United States of America. It is a private company and operates as such. On every site administered by Novelty Factor, there are links and notices relating to the use of cookies and the agreements to this document concerning terms and conditions of use and user privacy policies. On any site that allows for user account registration, the user (herein referred to as “You,” “Yourself,” “Your,” or “Their”) must explicitly agree to these Terms.

Novelty Factor currently administers and is responsible for the following online websites and materials (in alphabetical order):

On each of these sites (herein referred to as “Website(s)”), the user is notified of the use of cookies and the existence of this document. Please note that unless specified otherwise, as stated below, none of these online services are meant to be a public forum and are heavily moderated to the best of Our abilities. Following are the terms, conditions, privacy, and other policies that govern these online materials:


Extended Table Of Contents

  1. Terms And Conditions – Last Updated April 21st, 2021
    1. Introduction
    2. Copyright Notice
    3. License To Use Website
    4. Limitations On Use
    5. Registration And Accounts
    6. User Login Details
    7. Cancellation And Suspension Of Accounts
    8. Your Content’s License
    9. Acceptable Use And Rules Governing Your Content
    10. Limited Warranties
    11. Limitations And Exclusions Of Liability
    12. Breaches Of These Terms And Conditions
    13. Variation
    14. Assignment
    15. Severability
    16. Third-Party Rights
    17. Entire Agreement
    18. Law And Jurisdiction
    19. Statutory And Regulatory Disclosures
  2. Copyright Policies (DMCA) – Last Updated April 21st, 2021
  3. Privacy Policy – Last Updated April 21st, 2021
    1. Introduction
    2. How We Use Your Personal Information
    3. Retention Of Personal Information
    4. Providing Your Personal Information To Others
    5. International Transfers Of Your Personal Information
    6. Amendments
    7. Your Rights
    8. About Cookies
    9. Managing Cookies
    10. Transfers, Limits, And Changes To This Policy
    11. Additional Disclosures
  4. Automattic’s WordPress Jetpack Details – Last Updated/Mirrored April 21st, 2021
    1. Activity
    2. Ads
    3. Carousel
    4. Comment Likes
    5. Contact Form
    6. Google Analytics
    7. Gravatar Hovercards
    8. Infinite Scroll
    9. Jetpack Comments
    10. Likes
    11. Mobile Theme
    12. Notifications
    13. Protect
    14. Search
    15. Sharing
    16. Simple Payments
    17. Subscriptions
    18. Video Hosting
    19. WooCommerce Services
  5. Patreon WordPress Details – Last Updated/Mirrored April 21st, 2021
  6. 18 U.S.C. §2257 Record Keeping Requirements Compliance Statement – Last Updated April 21st, 2021
  7. Anti-Spam Policy – Last Updated April 21st, 2021
    1. Introduction
    2. Spam Filtering
    3. Spam Filtering Issues
    4. User Spam
    5. Receipt Of Unwanted Messages From Us
    6. Variation
  8. Our Details – Last Updated April 21st, 2021

Terms And Conditions

These are the legal Terms and Conditions which users agree to abide by through continued use of any online sites and materials listed above:

Table Of Contents

  1. Introduction
  2. Copyright Notice
  3. License To Use Website
  4. Limitations On Use
  5. Registration And Accounts
  6. User Login Details
  7. Cancellation And Suspension Of Accounts
  8. Your Content’s License
  9. Acceptable Use And Rules Governing Your Content
  10. Limited Warranties
  11. Limitations And Exclusions Of Liability
  12. Breaches Of These Terms And Conditions
  13. Variation
  14. Assignment
  15. Severability
  16. Third-Party Rights
  17. Entire Agreement
  18. Law And Jurisdiction
  19. Statutory And Regulatory Disclosures

1. Introduction

  1. These Terms shall govern Your use of these Website(s).
  2. By using these Website(s), You accept these Terms in full; accordingly, if You disagree with these Terms or any part of these Terms, You must not use these Website(s).
  3. If You register an account with these Website(s), submit any material to these Website(s), or use any of these Website(s) services, We will ask You to agree to these Terms expressly. Otherwise, We give notice on the Website(s) to the existence and implicit agreement with this document by continued use of the Website(s).
  4. For those Website(s) listed above not intended for adults, You MUST be at least thirteen (13) years of age to use these Website(s); by using these Website(s) or agreeing to these Terms, You warrant and represent to Us that You are at least thirteen years of age. For Website(s) intended for adults (aliveobjects.com, chymaericon.com, murrsuits.com, and satyrotica.com), You MUST be at least eighteen (18) years of age to use these Website(s); by using these Website(s) or agreeing to these Terms, You warrant and represent to Us that You are at least eighteen years of age.
  5. These Website(s) use cookies; by using these Website(s) or agreeing to these Terms, You consent to Our use of cookies under the terms of Our Privacy Policy.
  1. The above websites, logos, names, and content (herein referred to as “IP”) are copyright © 2019-2021 (time of original publication) Novelty Factor and other specified copyright holders on the Website(s).
  2. The IP in the materials contained in these Website(s) are owned by or licensed to Novelty Factor and are protected by applicable copyright and trademark law. We grant Our users permission to download one copy of the materials for personal, non-commercial transitory use.
    1. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if You violate any of these restrictions or other Terms and may be terminated by Novelty Factor at any time.
  3. Subject to the express provisions of these terms and conditions:
    1. We, together with Our licensors, own and control all the copyright and other intellectual property rights (herein referred to as “IP Rights”) of these Website(s) and the IP on these Website(s); and
    2. All the IP Rights on these Website(s) and the material on these Website(s) are reserved.
    3. For all other IPs not originating from the Website(s), please see Your Content’s License and Acceptable Use And Rules Governing Your Content.
  4. We take the protection of Our copyrights and trademarks (IP) very seriously; thus
  5. If We discover that You have used Our protected IP in contravention of the license set out in this notice, We may bring legal proceedings against You, seeking monetary damages and/or an injunction to stop You from using those IPs. You could also be ordered to pay legal costs.
  6. You may request permission to use the copyrighted IP on these Website(s) by writing to Us via Our contact form (below) or by using the contact details published on these Website(s) and/or this document.

3. License To Use Website

  1. You may, subject to the other provisions of these terms and conditions:
    1. View pages from these Website(s) in a web browser;
    2. Download pages from these Website(s) for caching in a web browser;
    3. Print pages from these Website(s);
    4. Stream audio and video files from these Website(s); and
    5. Use these Website(s) services utilizing a web browser.
  2. Except as expressly permitted by Section 3.1 or the other provisions of these Terms, You must not download any material from these Website(s) or save any such IP to Your computer unless otherwise specified.
  3. You may only use these Website(s) for Your own personal and business purposes, and You must not use these Website(s) for any other purposes.
  4. Except as expressly permitted by these Terms, You must not edit or otherwise modify any IP on these Website(s) unless otherwise specified.
  5. Unless You own, control, or have licensed the relevant rights of the IP; You must not:
    1. Republish IP from these Website(s) (including republication on another website);
    2. Sell, rent, or sub-license IP from these Website(s);
    3. Show any IP from these Website(s) as a public showcase;
    4. Exploit IP from these Website(s) for a commercial purpose; or
    5. Redistribute IP from these Website(s).
  6. Notwithstanding Section 3.5, You may redistribute Our newsletter (as indicated) in print and electronic form to any person.
  7. Novelty Factor reserve the right to restrict access to areas, or the entirety, of these Website(s), at Our discretion; You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on these Website(s).

4. Limitations On Use

  1. By using these Website(s), you warrant on behalf of Yourself, Your users, and any other parties you represent that You/they will not:
    1. Modify, copy, prepare derivative works of, decompile, or reverse engineer any IP and software contained on these Website(s);
    2. Remove any copyright or other proprietary notations from any protected IP on these Website(s);
    3. Transfer any protected IP to another person or “mirror” the protected IP on any other server;
    4. Use these Website(s) or their associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
    5. Use these Website(s) in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;
    6. Knowingly or negligently use these Website(s) or any of their associated services in a way that abuses or disrupts Our networks, or any other service Novelty Factor provides;
    7. Use these Website(s) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity (including stalking, harassing, and threatening another person or institution);
    8. Use these Website(s) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
    9. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or concerning these Website(s) without Our express written consent. This includes accessing these Website(s) using a robot, spider, or other automated methods;
      1. Performing data collection for search engine indexing is permitted unless the directives set out in the robots.txt file for these Website(s) is violated.
    10. Use data collected from Our services or these Website(s) for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing), including the sending of spam. You must not use data collected from these Website(s) to contact individuals, companies, or other persons or entities without prior consent.
    11. Use these Website(s) or their associated services in violation of any applicable laws or regulations;
  2. You must ensure that all the information You supply to Us through these Website(s) or concerning these Website(s) is true, accurate, current, complete, and non-misleading (most meaningfully that it does not meet the requirement for libel or slander).

5. Registration And Accounts

  1. To be eligible for an account on these Website(s) under Section 6, You MUST be either thirteen (13) years of age or eighteen (18) years of age as outlined in 1.4 (Introduction). You must also sign up for an account on these Website(s), as some of them do not permit account registration.
  2. You may register for an account with some of these Website(s) by completing and submitting the account registration form on the Website and clicking on the verification link in the email that the Website will send to You (or verify Your account through any other means).
  3. You must not allow any other person to use your account to access the website.
  4. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
  5. You must not use any other person’s account to access the Website.

6. User Login Details

  1. If You register for an account with these Website(s), We will provide You with, or You will be asked to choose a user name (herein referred to as “ID”) and password.
  2. Your ID must not be liable to mislead and must comply with the content rules set out in Section 9 (Acceptable Use And Rules Governing Your Content); You must not use Your account or ID for or in connection with the impersonation of any person, brand, trademark, or organization.
  3. You MUST keep Your password confidential.
  4. You MUST notify Us in writing immediately if You become aware of any disclosure of Your password.
  5. You ARE responsible for any activity on these Website(s) or services arising from any failure to keep Your password confidential. You may be held liable for any losses arising out of such a failure.

7. Cancellation And Suspension Of Accounts

  1. We may, at any time in Our sole discretion, without notice or explanation:
    1. Suspend Your account;
    2. Cancel Your account; and/or
    3. Edit Your account details,
  2. You may cancel Your account on any of these Website(s) by either contacting Us in writing or using the account management tools available on the Website.

8. Your Content’s License

  1. In these Terms, “Your Content” and “Their Content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that You, or an End-User, submit to Us or these Website(s) for storage or publication on, processing by, or transmission via, these Website(s).
  2. You retain your intellectual property ownership rights over Your Content submitted to us for publication on these Website(s). We will never claim ownership of Your Content, but We do require a license from You to use it:
    1. You grant Us a worldwide, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free license to use, distribute, modify, run, publicly display, translate, reproduce, store, or otherwise create derivative works of Your Content on and in areas concerning these Website(s) in a manner that is consistent with Your privacy preferences and our Privacy Policy.
    2. You grant to Us the right to bring an action for infringement of the rights licensed under Section 8.2.
    3. You hereby waive all your moral rights in Your Content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in Your Content have been waived to the maximum extent permitted by applicable law.
  3. The license You grant Us can be terminated at any time by deleting Your Content or account. However, to the extent that We (or our partners) have used Your Content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by Us.
  4. You permit Us to use Your username and other identifying information associated with Your account in a consistent manner with Your privacy preferences and our Privacy Policy.
  5. Without prejudice to Our other rights under these Terms, if You breach any provision of these Terms in ANY way, or if We reasonably suspect that You have breached these Terms in ANY way, We may delete, unpublish or edit any or all of Your Content.

9. Acceptable Use And Rules Governing Your Content

  1. This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Novelty Factor under any ongoing agreement, including these Terms. It’s designed to protect Us and Our customers (You) from unethical, irresponsible, and illegal activity. Novelty Factor customers (You) found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, We may be legally obliged to report such customers (You) to the relevant authorities.
  2. We provide Our facilities with the assumption Your use will be “business as usual” as per Our offer schedule. If Your use is considered excessive, additional fees may be charged, or capacity may be restricted.
  3. We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that objectively harms or disadvantages any group, individual, or resource. These rights include the right to free speech. We expect You and, where applicable, Your users (both herein referred to as “End-Users”) likewise to engage these Products with similar intent.
  4. In respect to Section 9.3:
    1. End-Users warrant and represent that Their Content will comply with these Terms.
    2. Their Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Their Content and the use of Their Content by Us under these Terms must not (by Our sole discretion and the applicable jurisdictions of the United States):
      1. Be libelous or maliciously false;
      2. Be considered legally obscene or indecent;
      3. Infringe any copy-, moral-, database-, trademark-, or design-, right, right in passing off, or other intellectual property rights;
      4. Infringe any right of confidence, right of privacy, or right under data protection legislation;
      5. Constitute negligent advice or contain any negligent statement;
      6. Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. Be in contempt of any court, or in breach of any court order;
      8. Be in breach of pertinent racial or religious hatred or discrimination legislation;
      9. Be in breach of official secrets legislation;
      10. Be in breach of any contractual obligation owed to any person;
      11. Depict violence in an obscenely explicit, graphic, or gratuitous manner unless otherwise specified;
      12. Be pornographic, lewd, suggestive, or sexually explicit unless otherwise specified (this does not apply to sites listed above as ‘adult’);
      13. Be purposefully misleading, untrue, false, or inaccurate;
      14. Consist of or contain any instructions, advice, or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      15. Constitute spam;
      16. Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      17. Cause palpable annoyance, extreme inconvenience, or needless anxiety resulting in damages to any person;
      18. Abuse or misuse any reporting system or citations of these stipulations to accomplish any of the above.
    4. End-Users agree to not engage in any prohibited activities through the use of these Products, which include:
      1. Transmitting, distributing, or storing any material in violation of any applicable law. This includes but isn’t limited to:
        1. Any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
        2. Any material that is legally obscene, defamatory, constitutes an illegal threat, or violates export control laws.
        3. Child pornography or any other similarly illegal material.
      2. These Products must not be used to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to Your jurisdiction (herein referred to as “Spam”). This includes but isn’t limited to:
        1. Sending Spam,
        2. Soliciting customers from Spam sent from other service providers, and
        3. Collecting replies to Spam sent from other service providers.
      3. In regards to Section 9.4 d 2:
        1. These Products must not be used to run unconfirmed mailing lists or telephone number lists (herein referred to as “Messaging Lists”). This includes but isn’t limited to:
          1. Subscribing email addresses or telephone numbers to any Messaging List without the permission of the email address or telephone number owner, and
          2. Storing any email addresses or telephone numbers subscribed in this way.
        2. All Messaging Lists run on or hosted by these Products must be “confirmed opt-in.” Verification of the address or telephone number owner’s express permission must be available for the lifespan of the Messaging List.
        3. We prohibit using email lists, telephone number lists, or databases purchased from third parties intended for Spam or unconfirmed Messaging List purposes on these Products.
        4. This Spam and unauthorized message activity policy applies to messages sent using these Products or messages sent from any network by the customer or any person on the customer’s behalf that directly or indirectly refer the recipient to a site hosted via these Products.
      4. These Products must not be used for:
        1. Advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate these Terms or the acceptable use policy of other service providers;
        2. Facilitating the means to send Spam;
        3. The initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing;
        4. Denial-of-service attacks;
        5. Accessing any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g., “hacking,” “cracking,” “phreaking,” etc.);
        6. Intentionally or recklessly introducing viruses or malicious code into these Products and systems;
        7. Purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual;
        8. Obtaining (or attempting to obtain) services from Us with the intent to avoid payment;
        9. Using Our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
        10. The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about Our customers or End-Users, by any means or device;
        11. Using Our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
        12. Publishing or transmitting any content or links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
        13. Any act or omission in violation of consumer protection laws and regulations;
        14. Any violation of a person’s privacy.
  5. These Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to:
    1. illegal gambling;
    2. terrorism;
    3. narcotics trafficking;
    4. arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles;
    5. in each case, including any affiliation with others whatsoever who support the above such activities or causes.
  6. We prohibit the impersonation of Novelty Factor, the representation of a significant business relationship with Novelty Factor, or ownership of any Novelty Factor property (including these Products and brand) to fraudulently gain service, custom, patronage, or user trust.
  7. We regard our customers (End-Users) as solely responsible for Their actions and the actions of anyone using our Products with the End-User‘s permission. This responsibility also applies to anyone using our Products on an unauthorized basis due to the End-User’s failure to put in place reasonable security measures.
    1. The customer (You) is/are solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on these Products, and for obtaining legal permission to use any works included in such material.
  8. By accepting Products from Us, our customers (End-Users) agree to ensure adherence to these Terms on behalf of anyone using these Products as End-Users. Complaints regarding the actions of Your End-Users will be forwarded to the nominated contact for Your account.
  9. If a customer (You) — or Their End-User or anyone using these Products as a result of the customer (You) — violates our these Terms, We reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action We deem appropriate, without notice. No credit will be available for interruptions of service resulting from any violation of these Terms to the extent permitted by law.

All of these stipulations are decided and determined at the Website operator’s (The Novelty Factor LLC et al.) discretion and may be overridden at any time per their discretion.

10. Limited Warranties

  1. These Website(s) and the materials on these Website(s) are provided on an ‘as is’ basis. To the extent permitted by law, Novelty Factor makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
  2. We do not warrant or represent:
    1. That the material on these Website(s) is up to date; or
    2. That the Website(s) or any service on the Website(s) will remain available.
  3. The materials appearing on these Website(s) are not comprehensive and are for general information purposes only. Novelty Factor does not warrant or make any representations concerning the accuracy, likely results, or reliability of using the materials on these Website(s), or otherwise relating to such materials or on any resources linked to this website.
  4. Novelty Factor has not reviewed all of the sites linked from these Website(s) and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Novelty Factor of the site. Use of any such linked site is at your own risk, and we strongly advise you to make your own investigations concerning the suitability of those sites.
  5. In no event shall Novelty Factor or its suppliers be liable for any consequential loss suffered or incurred by You or any third party arising from the use or inability to use these Website(s) or the materials on these Website(s), even if Novelty Factor or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
    1. In the context of these Terms, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
  6. We reserve the right to discontinue or alter any or all of these Website(s) services (and Products, in alignment with any active contracts) and to stop publishing these Website(s) at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if We stop publishing these Website(s).
  7. To the maximum extent permitted by applicable law and subject to Section 11.1 (Limitations And Exclusions Of Liability), We exclude all representations and warranties relating to the subject matter of these Terms, these Website(s), and the use of these Website(s).
  8. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

11. Limitations And Exclusions Of Liability

  1. Nothing in these Terms will:
    1. Limit any liabilities in any way that is not permitted under applicable law; or
    2. Exclude any liabilities that may not be excluded under applicable law.
  2. The limitations and exclusions of liability set out in this Section 11 and elsewhere in these Terms:
    1. Are subject to Section 11.1; and
    2. Govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
  3. You acknowledge that You use any of Our free or paid services, as delivered online, AT YOUR OWN RISK: We will not be liable for any loss or damage of any nature.
  4. We will not be liable to You regarding any losses arising out of any event or events beyond our reasonable control.
  5. We will not be liable to You regarding any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
  6. We will not be liable to You for any loss or corruption of any data, database, or software.
  7. We will not be liable to You regarding any special, indirect, or consequential loss or damage as outlined in Section 10.5 a.
  8. You accept that We have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, You acknowledge that we are a limited liability entity; You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with these Website(s) or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches Of These Terms And Conditions

  1. Without prejudice to Our other rights under these Terms, if You breach these Terms in any way, or if We reasonably suspect that You have breached these Terms in any way, We may:
    1. Send You one or more formal warnings;
    2. Temporarily suspend Your access to these Website(s);
    3. Permanently prohibit You from accessing these Website(s);
    4. Block computers using your IP address from accessing these Website(s);
    5. Contact any or all of your internet service providers and request that they block Your access to these Website(s);
    6. Commence legal action against You, whether for breach of contract or otherwise; and/or
    7. Suspend or delete Your account(s) on these Website(s).
  2. Where We suspend or prohibit or block Your access to these Website(s) or a part of these Website(s), You must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

All of these stipulations are decided and determined at the Website operator’s (The Novelty Factor LLC et al.) discretion and may be overridden at any time per their discretion.

13. Variation

  1. We reserve the right to modify these Terms at any time by publishing the revised version on this website (https://noveltyfactor.com/).
  2. The revised Terms shall apply to the use of these Website(s) from the date of publication of the revised Terms on this website (https://noveltyfactor.com/), and You hereby waive any right You may otherwise have to be notified of, or to consent to, revisions of these Terms. It is in Our best interest to publish notifications of changes to this agreement, and We strive to do so reasonably. If You do not agree with any of Our Terms at any time, You must stop using these Website(s).
  3. If You have given Your express agreement to these Terms, We will ask for Your express agreement to any revision of these Terms. If You do not agree to the revised Terms within such a period as We may specify, We will disable or delete Your account on these Website(s), and You must stop using these Website(s).

14. Assignment

  1. You hereby agree that We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
  2. Without our prior written consent, you may not assign, transfer, sub-contract, or otherwise deal with any of Your rights and/or obligations under these Terms.

15. Severability

  1. Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.
  2. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third-Party Rights

  1. A contract under these Terms is for Our benefit and Your benefit exclusively and is not intended to benefit or be enforceable by any third party.
  2. The exercise of the parties rights under a contract under these Terms is not subject to the consent of any third party.

17. Entire Agreement

  1. Subject to Section 11.1 (Limitations And Exclusions Of Liability), these Terms, comprised of this entire webpage including our Privacy Policy and all other denoted Policies, shall constitute the entire agreement between You and Us concerning Your use of these Website(s) and Products and shall supersede all previous agreements between You and Us concerning your use of these Website(s) and Products.

18. Law And Jurisdiction

  1. These Terms shall be governed by and construed under the city of Fort Collins, the State of Colorado, and the United States of America.
  2. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Laramie County, Colorado, United States of America.

19. Statutory And Regulatory Disclosures

  1. Novelty Factor is registered in the State of Colorado as a Limited Liability Company. There are no other professional associations or regulatory disclosures necessary; We are not a member of any further professional organizations.

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Copyright Policies (DMCA)

For definitions of terms that are capitalized and in italics, please see the preceding Terms And Conditions.

We comply with the Notice And Takedown Requirements of 17 U.S.C. § 512 of the Digital Millennium Copyright Act (DMCA). These Website(s) qualify as “Service Providers” under the DMCA. Accordingly, they are entitled to certain protections from claims of copyright infringement, commonly referred to as the “Safe Harbor” Provisions. We, therefore, affirm the following Notice And Takedown Policy relating to claims of copyright infringement by our users.

  1. Notice(s) of Claimed Infringement – If You believe that Your work (IP) has been copied in a way that constitutes copyright infringement, please provide Us with the following information:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property (IP) interest;
    2. A description of the copyrighted work or other IP that You claim has been infringed;
    3. Your address, telephone number, and email address;
    4. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    5. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or IP owner or authorized to act on the copyright or IP owner’s behalf.
  2. Take Down ProcedureWe reserve the right at any time to remove any material or activity on Our site, including material claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
    1. It is Our policy to terminate the account of repeat copyright infringers, when appropriate, and We will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA.

Contact us with the information available at the end of these Terms to report potential infringement or concerning any other copyright issues.

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Privacy Policy

For definitions of terms that are capitalized and in italics, please see the preceding Terms And Conditions.

As a preamble to our Privacy Policy, we note in good faith that Novelty Factor strives to be in compliance with all privacy regulations required of it while operating these Website(s). We commit to taking whatever actions necessary to achieve compliance if anything is found to be insufficient. It is not the Our intention, nor any of the officers, to be in breach of any privacy laws and regulations and We hope in honor of this commitment that opportunities will be given to rectify any error or issue in the processing of user data.

Table Of Contents

  1. Introduction
  2. How We Use Your Personal Information
  3. Retention Of Personal Information
  4. Providing Your Personal Information To Others
  5. International Transfers Of Your Personal Information
  6. Amendments
  7. Your Rights
  8. About Cookies
  9. Managing Cookies
  10. Transfers, Limits, And Changes To This Policy
  11. Additional Disclosures

1. Introduction

  1. Your privacy is important to us. It is Novelty Factor‘s policy to respect Your privacy and comply with any applicable law and regulation regarding any personal information We may collect about You, including across Our website, https://noveltyfactor.com/, and other Website(s) we own and operate. We are committed to safeguarding the privacy of Our Website(s) visitors and service users.
  2. “Personal Information” is any information about You which can be used to identify You. This includes information about You as a person (such as name, address, and date of birth), Your devices, payment details, and even information about how You use a website or online service.
  3. This policy applies where We are acting as a data controller concerning the Personal Information collected by these Website(s) concerning visitors and service users; in other words, where We determine the purposes and means of the processing of that Personal Information.
  4. We use cookies on these Website(s). Insofar as those cookies are not strictly necessary for these Website(s) and services provisioning, We will notify You of Our use of cookies and this document when You first visit the Website.
  5. These Website(s) incorporates privacy controls, where appropriate, which affect how we will process Personal Information. Using these privacy controls, You can specify whether You would like to receive direct marketing communications and limit the publication of Your Personal Information. For any Website where privacy controls are appropriate, You can find access information for the privacy controls via the online help documentation for the Website.
  6. Pages on these Website(s) may include Embedded Content (e.g., videos, images, articles, etc.). Embedded Content behaves exactly as if the visitor has visited the other website. These websites may collect data about You, use cookies, embed additional third-party tracking, and monitor Your interaction with that embedded content, including tracing Your interaction with the Embedded Content if you have an account and are logged in to that website.
  7. If We receive Personal Information about You from a third party, We will protect it as set out in these Terms. If You are a third party providing Personal Information about somebody else, You represent and warrant that You have such a person’s consent to provide the Personal Information to Us.

2. How We Use Your Personal Information

  1. In this Section 2, we set out:
    1. The general Categories of Personal Information that We may process;
    2. In the case of Personal Information that we did not obtain directly from You, the source and specific Categories of that data;
    3. The purposes for which We may process Personal Information; and
    4. The legal bases of the processing.
  2. In terms of Children’s Privacy:
    1. We do not aim any of Our Products or services directly at children under the age of thirteen (13). We do not knowingly collect personal information about children under the age of thirteen (13).
  3. Information We collect falls into one of two Categories: “Voluntarily Provided” information and “Automatically Collected” information:
    1. Voluntarily Provided information refers to any information You knowingly and actively provide Us when using or participating in any of Our services and promotions.
    2. Automatically Collected information refers to any information automatically sent by Your devices in accessing Our products and services.
  4. When You visit these Website(s), Our servers may automatically log the standard data provided by Your web browser. This is an example of Automatically Collected information and is known as “Log Data.” Log Data may include:
    1. Your device’s Internet Protocol (IP) address, Your browser type and version, the pages of Our Website(s) You visit, the time and date of Your visit, the time spent on each page, and other details about your visit.
    2. Additionally, if You encounter certain errors while using these Website(s), We may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about Your device, what You were trying to do when the error occurred, and other technical information relating to the problem. You may or may not receive notice of such errors, when they occur, or the nature of the error.
    3. This mostly anonymous information is collected by Our servers to protect Ourselves from malicious intent, improve Our services, maintain Our servers, and is never shared nor permanently recorded.
    4. Please be aware that while this information may not be personally identifying, it may be possible to combine it with other data to personally identify individual persons.
  5. We also collect Personal Information delineated by the following taxonomy:
    1. Usage DataWe may process data about Your use of these Website(s) and Products.
      1. Usage Data may include Your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, and website navigation paths, as well as information about the timing, frequency, and pattern of Your service use. It may also include Your device type, unique device identifiers, and device setting. The source of the Usage Data is from the HTTP protocol employed by Our web servers, browser information, and Our analytics tracking system (including, not exclusively, Automattic Jetpack statistics and Google Analytics). Data We collect can depend on the individual settings of Your device and software. We recommend checking the policies of Your device manufacturer or software provider to learn what information they make available to Us. This Usage Data may be processed to analyze the use of the Website(s) and Products. The legal basis for this processing is our legitimate interests, namely monitoring, ensuring the security of, and improving our Website(s) and Services.
    2. Account Data – This is data associated with any kind of account, such as a user account, on these Website(s).
      1. This is data associated with any kind of account, such as a user account, on these Website(s). The Account Data may include Your name and email address. The source of the Account Data is You. The Account Data may be processed to operate these Website(s), providing Our services (Products), ensuring the security of these Website(s) and services (Products), maintaining back-ups of Our databases, and communicating with You. The legal basis for this processing is consent to the performance of a contract (the Terms) between You and Us and/or taking steps, at Your request, to enter into such a contract.
    3. Profile DataWe may process Your information included in Your personal profile on these Website(s).
      1. The Profile Data may include your name, social media profiles, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details, employment details, and any other information entered into the Website profile. The Profile Data may be processed to enable and monitor Your use of these Website(s) and services (Product). The legal basis for this processing is consent and our legitimate interests, namely the proper administration of these Website(s) and business.
    1. Service DataWe may process Your personal data provided in the use of these Products.
      1. The Service Data may include all network communication, including API requests, logs of Your usage, data submitted to the service, and any other information pertinent to the analysis of the service’s performance. The source of the Service Data is You. The Service Data may be processed to operate the Website, provide Our services, ensure the security of these Website(s) and Products, maintain back-ups of Our databases, and communicate with You. The legal basis for this processing is consent to the performance of a contract (the Terms) between You and Us and/or taking steps, at Your request, to enter into such a contract.
    2. Publication DataWe may process information that You post for publication on these Website(s) or through these Products.
      1. The Publication Data may be processed to enable such publication and administering these Website(s) and Products. The legal basis for this processing is Our legitimate interests, namely the proper administration (particularly in limiting liability and risk) of these Website(s) and business.
      2. When visitors (You) leave comments on these Website(s), We collect the data shown in the comments form and the visitor’s IP address and browser user agent string to help Spam detection. An anonymized string created from Your email address (also called a hash) may be provided to the Gravatar service to see if You are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of Your comment, Your profile picture is visible to the public in the context of Your comment.
      3. If You upload images to these Website(s), You should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
    3. Inquiry DataWe may process information in any inquiry You submit to us regarding goods and/or services rendered.
      1. The Inquiry Data may be processed for offering, marketing, and selling relevant goods and/or services to You. The legal basis for this processing is consent.
    4. Customer Relationship DataWe may process information relating to Our customer relationships, including customer contact information.
      1. The Customer Relationship data may include Your name, employer, job title or role, contact details, and information in communications between Us and You or Your employer. The source of the customer relationship data is You or Your employer. The Customer Relationship data may be processed to manage Our relationships with customers, communicate with customers, keep records of those communications, and promote Our products and services to customers. The legal basis for this processing is Our legitimate interests, namely the proper management of Our customer relationships.
    5. Transaction DataWe may process information relating to transactions, including purchases of goods and services, that You enter into with Us and/or through these Website(s).
      1. The Transaction Data may include Your contact, payment method (card), and other details of the transaction. The source of the Transaction Data is You and/or Our payment services provider. The Transaction Data may be processed to supply the purchased goods and services (Products) and keep proper records of those transactions. The legal basis for this processing is the performance of a contract between You and Us and/or taking steps, at Your request, to enter into such a contract and Our legitimate interests, namely the proper administration of these Website(s) and business.
    6. Notification DataWe may process information that You provide to Us to subscribe to Our email notifications and/or newsletters.
      1. The Notification Data may be processed to send You the relevant notifications and/or newsletters. The legal basis for this processing is consent.
    7. Correspondence DataWe may process information in or relating to any communication that You send to Us.
      1. The Correspondence Data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms. The Correspondence Data may be processed to communicate with You and record-keeping. The legal basis for this processing is Our legitimate interests, namely the proper administration of these Website(s) and business and communications with users.
  6. “Sensitive Information,” otherwise known as “special categories of data,” is a subset of Personal Information that is given a higher level of protection. Examples of Sensitive Information include information relating to Your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information, or biometric information.
    1. The types of sensitive information that We may collect about You include:
      1. Racial or ethnic origin,
      2. Political opinions,
      3. Religion,
      4. Philosophical beliefs,
      5. Sexual orientation,
      6. Sexual practices or sex life.
    2. We will not collect sensitive information about You without first obtaining Your consent (usually through Profile Data. We will only use or disclose your sensitive information as permitted, required, or authorized by law.
  7. We consider “User-Generated Content” to be materials (text, image, and/or audio/video content) voluntarily supplied to Us by Our users for publication on these Website(s) or re-publishing on Our social media channels.
    1. All User-Generated Content is associated with the account or email address used to submit the materials.
    2. Please be aware that any content You submit for publication will be public after posting (and subsequent review or vetting process). Once published, it may be accessible to third parties not covered under these Terms.
  8. As stated in each taxonomy description, We only collect and use Your personal information when We have a legitimate reason for doing so. In each instance, We only collect Personal Information that is reasonably necessary to provide Our services (Products) to You.
  9. We may collect personal information from You when You do any of the following on these Website(s):
    1. Register for an account,
    2. Enter any of Our competitions, contests, sweepstakes, and/or surveys,
    3. Sign up to receive updates from Us via email or social media channels,
    4. Use a mobile device or web browser to access Our content,
    5. Contact Us via email, social media, or on any similar technologies,
    6. When You mention Us on social media.
  10. We may collect, hold, use, and disclose information for the following purposes, and Personal Information will not be further processed in a manner that is incompatible with these purposes:
    1. Providing You with Our platform’s (Product‘s) core features and services.
    2. Enabling You to customize or personalize Your experience of these Website(s).
    3. Delivering Products and/or services to You.
    4. Contacting and communicate with You.
    5. For analytics, market research, and business development, including operating and improve these Website(s), associated applications, and associated social media platforms.
    6. For advertising and marketing, including sending You promotional information about Our Products and services and information about third parties that We consider may be of interest to You.
    7. Enabling You to access and use these Website(s), associated applications, and associated social media platforms.
    8. For internal record keeping and administrative purposes.
    9. Running competitions, sweepstakes, and/or offer additional benefits to You.
    10. Complying with Our legal obligations and resolve any disputes that We may have.
    11. Attributing any content (e.g., posts and comments) You submit that We publish on these Website(s).
    12. For security and fraud prevention, and to ensure that Our sites and apps are safe, secure, and used in line with these Terms.
    13. For technical assessment, including to operate and improve Our app, associated applications, and associated social media platforms.
    14. Combining Voluntarily Provided and Automatically Collected Personal Information with general information or research data We receive from other trusted sources. For example, Our marketing and market research activities may uncover data and insights, which We may combine with information about how visitors use Our site to improve these Website(s) and Your experience on them.
  11. We will only collect and use Your Personal Information when We have a legal right to do so. In which case, We will collect and use your personal information lawfully, fairly, and in a transparent manner. If We seek Your consent to process Your Personal Information, and You are under sixteen (16) years of age, We will seek Your parent or legal guardian’s consent to process Your Personal Information for that specific purpose. Our lawful bases depend on the services You use and how You use them. This means We only collect and use Your information on the following grounds:
    1. Consent From You – Where You give Us consent to collect and use Your Personal Information for a specific purpose. You may,
      1. Withdraw Your consent at any time using the facilities We provide; however, as stated, this will not affect any use of Your information that has already taken place,
      2. Consent to providing Your name and contact details to enter a giveaway or promotion. While You may withdraw Your entry at any time, this will not affect any selection or judging that has already taken place.
      3. If You have any further inquiries about how to withdraw Your consent, please feel free to inquire using the details provided at the end of these Terms.
    2. Performance of a Contract or Transaction – Where You have entered into a contract or transaction with Us, or to take preparatory steps before Our entering into a contract or transaction with You.
      1. For example, if You contact Us with an inquiry, We may require personal information such as Your name and contact details to respond.
    3. Our Legitimate Interests – Where We assess it is necessary for Our legitimate interests, such as providing, operating, improving, and communicating Our services. We consider Our legitimate interests to include,
      1. Research and development,
      2. Understanding Our audience,
      3. Marketing and promoting Our services,
      4. Measures taken to operate Our services efficiently,
      5. Marketing analysis, and
      6. Measures taken to protect Our legal rights and interests.
    4. Compliance with Law – In some cases, We may have a legal obligation to use or keep Your Personal Information.
      1. Such cases may include (but are not limited to),
        1. Court orders,
        2. Criminal investigations,
        3. Government requests, and
        4. Regulatory obligations.
      1. If You have any further inquiries about how We retain personal information to comply with the law, please feel free to inquire using the details provided at the end of these Terms.
  12. We may process any of Your Personal Information identified in these Terms where necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative or out-of-court procedure. The legal basis for this processing is Our legitimate interests, namely the protection and assertion of Our legal rights, Your legal rights, and the legal rights of others.
  13. We may process any of Your Personal Information identified in these Terms where necessary for obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is Our legitimate interests, namely the proper protection of our business against risks.
  14. Please do not supply any other person’s Personal Information to Us unless We prompt You to do so.

3. Retention Of Personal Information

  1. This Section 3 sets out Our Personal Information retention policies and procedure, which are designed to help ensure that We comply with Our legal obligations concerning the retention of Personal Information.
  2. Personal Information that We process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  3. We retain your personal data as follows:
    1. Your Personal Information, excluding Publication Data, Profile Data, and Account Data, will be retained for a minimum period of one (1) year following submission and for a maximum period of five (5) years following the closure and permanent cessation of these Website(s).
    2. Your Publication Data, Profile Data, and Account Data will be retained for the lifespan of the Website (operating and accessible) and in a private archive until the full deletion of the Website records.
    3. Notwithstanding the other provisions of this Section 3, We may retain Your Personal Information where such retention is necessary for compliance with a legal obligation to which We are subject or to protect Your vital interests or the vital interests of another natural person.
    4. If necessary, We may retain Your Personal Information for Our compliance with an accounting or reporting obligation or archiving purposes in the public interest, scientific, historical research, or statistical purposes (at Novelty Factor‘s sole discretion).
  4. When We collect and process Personal Information, and while We retain this information, we will protect it within commercially acceptable means to prevent loss and theft and unauthorized access, disclosure, copying, use, or modification.
    1. Although We will do our best to protect the Personal Information provided to us, We advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
    2. You are responsible for selecting any password, its overall security strength, and ensuring the security of Your own Personal Information within the bounds of Our services.
      1. For example, ensuring any passwords associated with accessing Your Personal Information and accounts are secure and confidential.

4. Providing Your Personal Information To Others

  1. We may disclose Your Personal Information to,
    1. Any member of Our group of companies (this means Our subsidiaries, a parent company, or an affiliate of Our company) insofar as reasonably necessary for the purposes, and on the legal bases, set out in these Terms. Information about Our group of companies and their properties can be found at the beginning of these Terms (located at https://noveltyfactor.com/terms-conditions-privacy-policy/),
    2. Our employees, contractors, and/or related entities,
    3. Our existing or potential agents or business partners,
    4. Sponsors or promoters of any competition, sweepstakes, or promotion We may run,
    5. Credit reporting agencies, courts, tribunals, and regulatory authorities, in the event You fail to pay for goods or services (Products) We have provided to You,
    6. Courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or to establish, exercise, or defend Our legal rights,
    7. Third-party service providers to enable them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors, and payment systems operators,
      1. Concerning payment systems operators, financial transactions relating to these Website(s) and services (Products) are handled by Our payment services provider for the Website (it is not always the same across these Websites). We will share transaction data with Our payment services providers only to the extent necessary for processing Your payments, refunding such payments, and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices in the documentation provided at a particular Website (located at https://…/privacy-policy/).
      2. Concerning Usage Data, Automattic and/or Google (Usage Data) for purposes of website analytics and marketing,
      3. Concerning Notification Data, MailChimp for purposes of email distribution, marketing, and news.
    8. Our insurers and/or professional advisers insofar as reasonably necessary for obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative or out-of-court procedure.
    9. An entity that buys Us, or to which We transfer all or substantially all of Our assets and business.
  2. We may disclose Your inquiry data to one or more selected third-party suppliers of goods and services identified on a particular Website (located at https://…privacy-policy/) to enable them to contact You so that they can offer, market, and sell to You relevant goods and/or services. Each such third party will act as a Data Controller concerning the inquiry data We supply. Upon contacting You, each such third party will supply You a copy of its own privacy policy, which will govern that third party’s use of Your personal data.
  3. In addition to the specific disclosures of Personal Information set out in this Section 3, We may disclose Your Personal Information where such disclosure is necessary for compliance with a legal obligation to which We are subject or to protect Your vital interests or another natural person’s vital interests. We may also disclose Your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative or out-of-court procedure.
  4. Novelty Factor does not endorse the business model of “surveillance capitalism.” We thus do not actively engage in the selling or brokerage of solely Personal Information as a means of revenue. This means outside of legitimate service providers as listed above, Your Personal Information will never be “traded,” sold, nor brokered as a commodity.
    1. Novelty Factor does not engage in the sale or purchase of Personal Information.

5. International Transfers Of Your Personal Information

  1. In this Section 5, we provide information about the circumstances in which Your Personal Information may be transferred to countries outside the United States.
  2. Novelty Factor and its parents, holders, and subsidiaries currently do not have offices nor facilities outside of the United States of America. They thus do not transfer any of your personal data outside of the country for business communications or coordination.
  3. The hosting facilities for these Website(s) [but not necessarily any hosting services or Products] are situated in the United States of America. Thus any data transfer over country borders occurs by the consent and request of the user accessing the Website.
    1. The countries to which we store, process, or transfer Your Personal Information may not have the same data protection laws as the country in which You initially provided the information. If We transfer Your Personal Information to third parties in other countries, We will,
      1. perform those transfers following the requirements of applicable law; and
      2. protect the transferred Personal Information under this privacy policy.
  4. We will ensure that any transfer of Personal Information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example, by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
  5. You acknowledge that Personal Information that You submit for publication through Our website or services may be available via the internet worldwide. We cannot prevent the use (or misuse) of such Personal Information by others.

6. Amendments

  1. We may update this policy from time to time by publishing a new version on this Website (located at https://noveltyfactor.com/terms-conditions-privacy-policy/).
  2. You should check this page occasionally to ensure You are happy with any changes to this policy.
  3. We may notify You of significant changes to this policy by email, through the private messaging system on these Website(s), or other global Website notification/announcement. Our best interest is to publish and notify users of changes to this policy, but notifications are not explicitly required.

7. Your Rights

  1. In this Section 7, We summarize the Rights that You have under various data protection laws. Some of these Rights are complex, and not all of the details have been included in Our summary. Accordingly, You should read the relevant laws and guidance from the regulatory authorities for a full explanation of these Rights.
  2. Your principal Rights under general data protection laws are:
    1. The Right to Withdraw Consent (or the Right to Choice) –
      1. By providing Personal Information to Us, You understand We will collect, hold, use, and disclose Your Personal Information under these Terms. You do not have to provide Personal Information to Us; however, if You do not, it may affect Your use of Our website or the Products and/or services offered on or through it.
      2. If You have previously agreed to Us using Your Personal Information for direct marketing purposes, You may change Your mind at any time by contacting Us using the details at the end of these Terms.
        1. To unsubscribe from Our email database or opt-out of communications (including marketing communications), please contact Us using the details provided in this policy or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from You to help us confirm Your identity.
      3. Withdrawal will not affect the lawfulness of processing before the withdrawal.
    2. The Right to Access
      1. You may request details of the Personal Information that we hold about You.
      2. We may provide a means for You to download the Personal InformationYou have shared through Our site. Please contact Us for more information.
      3. These details include information towards the purposes of the processing, the categories of Personal Information concerned, and the recipients of the Personal Information. Providing the Rights and Freedoms of others are not affected, we will supply You with a copy of Your Personal Information. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
    3. The Right to Rectification – If You believe that any information We hold about You is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact Us using the details provided in this policy. We will take reasonable steps to correct any Personal Information found to be inaccurate, incomplete, misleading, or out of date.
    4. The Right to NotificationWe will comply with laws applicable toUs regarding any data breach.
    5. The Right to Non-Discrimination
      1. We will not discriminate against You for exercising any of Your rights over Your Personal Information. Unless Your Personal Information is required to provide You with a particular service or offer (for example, providing user support), We will not deny You goods or services (Products)and/or charge You different prices or rates for goods or services (Products), including through granting discounts or other benefits, or imposing penalties, or provide You with a different level or quality of goods or services.
    6. The Right to Erasure
      1. In some circumstances, You have the Right to erasure of your Personal Information without undue delay. Those circumstances include:
        1. The Personal Information is no longer necessary concerning the purposes for which they were collected or otherwise processed;
        2. You withdraw consent to consent-based processing;
        3. You object to the processing under certain rules of applicable data protection law;
        4. The processing is for direct marketing purposes; and
        5. The Personal Information has been unlawfully processed.
      2. However, there are exclusions of the Right to Erasure. The general exclusions include where processing is necessary:
        1. For exercising the Right of Freedom of Expression and Information;
        2. For compliance with a legal obligation; or the establishment, exercise, or defense of legal claims.
      3. If You ask Us to delete Your Personal Information, We will let You know how the deletion affects Your use of the Website(s) or Products and services.
      4. Please be aware that search engines and similar third parties may still retain copies of Your Personal Information that has been made public at least once, like certain profile information and public comments, even after You have deleted the information from Our services or deactivated Your account.
    7. The Right to Restrict Processing
      1. In some circumstances, You have the Right to restrict the processing of Your Personal Information. Those circumstances are:
        1. You contest the accuracy of the Personal Information;
        2. You believe Your Personal Information has been unlawfully processed, but You oppose erasure;
        3. We no longer need the Personal Information for Our processing, but You require Personal Information for the establishment, exercise, or defense of legal claims; and You have objected to processing, pending the verification of that objection.
        4. We are in the process of considering Your objection concerning processing based on legitimate interests.
      2. Where processing has been restricted on this basis, We may continue to storeYour Personal Information. However, We will only otherwise process it:
        1. With Your consent;
        2. For the establishment, exercise, or defense of legal claims;
        3. For the protection of the Rights of another natural or legal person; or
        4. For reasons of important public interest as deemed by appropriate authorities.
    8. The Right to Object To Processing
      1. You have the Right to Object to Our processing of Your Personal Information on grounds relating to Your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for:
        1. The performance of a task carried out in the public interest or the exercise of any official authority vested in Us; or
        2. The purposes of the legitimate interests pursued by Us or by a third party.
        3. If this is done, We must provide compelling legitimate grounds for the processing that overrides Your interests, rights, and freedoms, to proceed with the processing of Your personal information.
      2. If You make such an objection, We will cease to process the Personal Information unless We can demonstrate compelling legitimate grounds for the processing which override Your interests, Rights, and Freedoms, or the processing is for the establishment, exercise, or defense of legal claims.
      3. You have the Right to object to Our processing of Your Personal Information for direct marketing purposes (including profiling for direct marketing purposes). If You make such an objection, We will cease to process Your Personal Information for this purpose.
      4. You have the Right to object to Our processing of Your Personal Information for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation unless the processing is necessary for the performance of a task carried out for reasons of public interest as deemed by the appropriate authorities.
    9. The Right to Complain to a Supervisory Authority
      1. If You believe that We have breached a relevant data protection law and wish to make a complaint, please contact Us using the details at the end of these Terms and provide Us with full details of the alleged breach. We will promptly investigate Your complaint and respond to You in writing, setting out the outcome of Our investigation and the steps We will take to deal with Your complaint.
      2. You also have the Right to contact a regulatory body or data protection authority concerning Your complaint. You may do so in the (EU) member state of your habitual residence, Your place of work, or the place of the alleged infringement.
    10. The Right to Data Portability
      1. As most processing is carried out by automated means, You have the right to receiveYour Personal Information from Us in a structured, commonly used, and machine-readable format. However, this Right does not apply where it would adversely affect the Rights and Freedoms of others.
  3. You may exercise any of Your Rights regarding Your Personal Data by written notice to Us (via post or our online contact form), in addition to the other methods specified in this Section 7.

8. About Cookies

  1. A “Cookie” is a file containing an identifier (a string of letters and numbers) sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
    1. Cookies may be either “Persistent-“ or “Session Cookies”:
      1. A Persistent Cookie will be stored by a web browser and will remain valid until its set expiry date unless deleted by the user before the expiry date;
      2. On the other hand, a Session Cookie will expire at the end of the user session when the web browser is closed.
    2. Cookies do not typically contain any information that personally identifies a user. Still, Personal Information that We store about You may be linked to the information stored in and obtained from Cookies.
    3. If You do not wish to accept Cookies from Us, You should instruct Your browser to refuse Cookies from https://noveltyfactor.com/ (or any other pertinent Website above). In such a case, We may be unable to provide You with some of Your desired content and services.
  2. We use Cookies to collect information about You and Your activity across the Website(s).
    1. Cookies are used to enable certain features (e.g., logging in), track site usage (e.g., analytics), store Your user settings (e.g., time zone, notification preferences), and personalize Your content (e.g., advertising, language).
    2. We also provide basic information on third-party services We may use, who may also use Cookies as part of their service. This policy does not cover their Cookies.
  3. We use Cookies for the following purposes:
    1. AuthenticationWe use Cookies to identify You when You visit these Website(s) and as You navigate said Website;
    2. StatusWe use Cookies to help Us to determine if You are logged into the Website(s);
    3. PersonalizationWe use Cookies to store information about Your preferences and to personalize the Website(s) for You;
    4. SecurityWe use Cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials and protecting the Website(s) and services generally;
    5. AdvertisingWe may use Cookies to help Us to display advertisements that will be relevant to You;
    6. AnalysisWe use Cookies to help Us to analyze the use and performance of the Website(s) and services; and
    7. ConsentWe use Cookies to store Your preferences concerning the use of Cookies more generally.
  4. Our Cookie usage falls into four Categories:
    1. Essential Cookies are crucial to Your Website experience, enabling core features like user logins, account management, shopping carts, and payment processing.
      1. We use Essential Cookies for purposes of Authentication, Status, Consent, and Security.
    2. Performance Cookies track how You use the Website(s) during Your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. They do not collect personal information about You.
      1. We use Performance Cookies for purposes of Security and Analysis.
    3. Functionality Cookies are used to collect information about Your device and any settings You may configure on the Website you’re visiting (like language and time zone settings). With this information, the Websites(s) can provide You with customized, enhanced, or optimized content and services.
      1. We use Functionality Cookies for purposes of Personalization and Advertising.
    4. Targeting/Advertising Cookies help determine what promotional content is most relevant and appropriate to You and Your interests. The Websites(s) may use them to deliver targeted advertising or limit the number of times You see an advertisement. This helps advertising companies improve the effectiveness of their campaigns, Our publication services to them, and the quality of content presented to You. Targeting/Advertising Cookies set by third parties may be used to track You on other websites that use the same third-party service.
      1. We use Targeting/Advertising Cookies for purposes of Advertising.
  5. Our service providers (third parties contracted by us to provide services that comprise components of the Products provided to You) use Cookies, and those Cookies may (already) be stored on Your computer when You visit the Website(s). These Cookies may be transmitted to these third parties via Your visit to the Website.
    1. We use Google Analytics to analyze the use of the Website(s). Google Analytics gathers information about website use through Cookies. The information gathered relating to Our Website(s) is used to create reports about the use of the Website(s). Google’s privacy policy is available at https://policies.google.com/privacy.
    2. We use Automattic Inc’s WordPress plugin Jetpack on the Website(s) to serve files, receive comments/feedback, and track Website traffic. This service uses Cookies for fulfilling these functions. You can view the privacy policies of this service provider at https://jetpack.com/support/privacy/, https://automattic.com/privacy-notice/, and https://automattic.com/privacy/. There is also a Jetpack dedicated section for privacy policies in these Terms (located at https://noveltyfactor.com/terms-conditions-privacy-policy/).

9. Managing Cookies

  1. The Website(s), following data protection laws, offer the tools necessary at a minimum to (either) notify You of Cookies used so You can make informed consent, and may offer additional tools for You to make more granular decisions about the Cookies issued by the web server to your web browser.
  2. Most browsers allow You to refuse to accept Cookies and to delete Cookies. The methods for doing so vary from browser to browser and from version to version. You can, however, obtain up-to-date information about blocking and deleting Cookies via these links:
    1. https://support.google.com/chrome/answer/95647 (Chrome);
    2. https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
    3. https://www.opera.com/help/tutorials/security/cookies/ (Opera);
    4. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
    5. https://support.apple.com/kb/PH21411 (Safari); and
    6. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
  3. Please note that blocking all Cookies will have a negative impact on the usability of many websites.
  4. If you block Cookies, you will not be able to use all the features on the Website(s).

10. Transfers, Limits, And Changes To This Policy

  1. If We or Our assets are acquired, or in the unlikely event that We go out of business or enter bankruptcy, We would include data, including Your Personal Information, among the assets transferred to any parties who acquire Us. You acknowledge that such transfers may occur and that any parties who acquire Us may, to the extent permitted by applicable law, continue to use Your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights We have over such information.
  2. The Website(s) may link to external sites that We do not operate. Please be aware that We have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.
  3. At Our sole discretion, We may change Our privacy policy to reflect updates to Our business processes, current acceptable practices, or legislative or regulatory changes. If We decide to change this privacy policy, We will post the changes here at the same location (https://noveltyfacrtor.com/terms-conditions-privacy-policy/) by which You are accessing this privacy policy.
    1. If the changes are significant, or if required by applicable law, We will contact you (based on Your selected preferences for communications from Us) and all Our registered users with the new details and links to the updated or changed policy.
    2. If required by law, We will get Your permission or give You the opportunity to opt-in to or opt-out of, as applicable, any new uses of Your Personal Information.

11. Additional Disclosures

  1. Additional Disclosures for Australian Privacy Act Compliance (AU)
    1. International Transfers of Personal Information –
      1. Where the disclosure of Your Personal Information is solely subject to Australian privacy laws, You acknowledge that some parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and You will not be able to seek redress under the Privacy Act.
  2. Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)
    1. Data Controller / Data Processor –
      1. The GDPR distinguishes between organizations that process Personal Information for their own purposes (known as “Data Controllers”) and organizations that process Personal Information on behalf of other organizations (known as “Data Processors”). We, The Novelty Factor LLC, located at the address provided at the end of these Terms, are a Data Controller for the Personal Information You provide to Us.
    2. Our data protection officer’s contact details are: Asher Wolfstein (asher@noveltyfactor.com)
  3. Additional Disclosures for California Compliance (US)
    1. Under California Civil Code Section 1798.83, if You live in California and Your business relationship with Us is mainly for personal, family, or household purposes, You may ask Us about the information We release to other organizations for their marketing purposes.
      1. To make such a request, please contact Us using the details provided at the end of these Terms with “Re: Request for California Privacy Information” as the main subject. You may make this type of request once every calendar year. We will email you a list of Categories of Personal Information We revealed to other organizations for their marketing purposes in the last calendar year, along with their names and addresses. Not all Personal Information shared in this way is covered by Section 1798.83 of the California Civil Code.
    2. CCPA-Permitted Financial Incentives – By Your Right to non-discrimination, We may offer You certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods (Products) or services We provide.
      1. Any CCPA-permitted financial incentive We offer will reasonably relate to the value of Your Personal Information. We will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires Your prior opt-in consent, which You may revoke at any time.
    3. California Notice of Collection – In the past 12 months, We have collected the following Categories of Personal Information enumerated in the California Consumer Privacy Act:
      1. Audio or visual data, such as photos or videos You share with Us or post on the service.
      2. For more information on the information We collect, including the sources We receive information from, review Section 2 (How We Use Your Personal Information). We collect and use these Categories of Personal Information for the business purposes described in Section 2, including providing and managing Our service (the Website(s) and Products collectively).
    4. Right to Know and Delete – If You are a California resident, You have the right to delete Your Personal Information We collected and know certain information about Our data practices in the preceding 12 months. In particular, You have the right to request the following from Us:
      1. The Categories of Personal Information We have collected about You;
      2. The Categories of sources from which the Personal Information was collected;
      3. The Categories of Personal Information about You We disclosed for a business purpose or sold;
      4. The Categories of third parties to whom the Personal Information was disclosed for a business purpose or sold;
      5. The business or commercial purpose for collecting or selling the Personal Information; and
      6. The specific pieces of Personal Information We have collected about You.
      7. To exercise any of these rights, please contact Us using the details provided at the end of these Terms.
    5. Shine The Light – If You are a California resident, in addition to the rights discussed above, You have the right to request information from Us regarding how We share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.
      1. To receive this information, send Us a request using the contact details provided at the end of these Terms. Requests must include “Re: California Privacy Rights Request” in the first line of the description and include Your name, street address, city, state, and ZIP code.
  4. Do Not Track – Some browsers have a “Do Not Track” feature that lets You tell websites that You do not want to have Your online activities tracked. At this time, We do not respond to browser “Do Not Track” signals.

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Wordfence Information

We use the professional WordFence software to protect our online assets and servers. This software has its own GDPR agreements, guidelines, and notices about cookies and other information located here. These cookies are essential the security and delivery of our online assets to the consumer.


Automattic’s WordPress Jetpack Details

For definitions of terms that are capitalized and in italics, please see the preceding Terms And Conditions and Privacy Policy.

The Novelty Factor LLC uses the WordPress content management system for many of its online Website(s) and properties. The Jetpack software pack operates in such a way that Personal Information may be collected as outlined above in the overall Privacy Policy. This section provides additional detailed information as to what sort of data is collected by the Jetpack software on these Website(s), where it is employed. For up-to-date information about these features please see https://jetpack.com/support/for-your-privacy-policy/ as this document is provided as a duplicate for Your convenience.

Table Of Contents (Jetpack Features)

Activity

This feature only records activities of a site’s registered users, and the retention duration of activity data will depend on the site’s plan and activity type.

Data Used: To deliver this functionality and record activities around site management, the following information is captured: user email address, user role, user login, user display name, WordPress.com and local user IDs, the activity to be recorded, the WordPress.com-connected site ID of the site on which the activity takes place, the site’s Jetpack version, and the timestamp of the activity. Some activities may also include the actor’s IP address (login attempts, for example) and user agent.

Activity Tracked: Login attempts/actions, post and page update and publish actions, comment/pingback submission and management actions, plugin and theme management actions, widget updates, user management actions, and the modification of other various site settings and options. Retention duration of activity data depends on the site’s plan and activity type. See the complete list of currently-recorded activities (along with retention information).

Data Synced (?): Successful and failed login attempts, which will include the actor’s IP address and user agent.


Ads

Data Used: The following information (made available from the visitor’s browser) is collected and sent to Automattic’s Demand Partners: IP address, geographical data (derived from the IP address), user agent, operating system, device type, unique user ID (randomly generated identifier), current URL, and IAB (Interactive Advertising Bureau) interest category. Log data (IP address, geographical data, user agent, operating system, device type) is stored for 30 days. The unique user ID is stored in cookies and is retained for 1 year.

Activity Tracked: Ad impressions, video-related events (i.e. pause, mute, 100% plays, etc.) or errors, and ad click events. Various cookies are used for the following purposes: delivering targeted advertisements to specific visitors, storing user identifiers, and collecting anonymous ad platform stats.


Data Used: If image view tracking is enabled, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.

Activity Tracked: Image views.


Comment Likes

This feature is only accessible to users logged in to WordPress.com.

Data Used: In order to process a comment like, the following information is used: WordPress.com user ID/username (you must be logged in to use this feature), the local site-specific user ID (if the user is signed in to the site on which the like occurred), and a true/false data point that tells us if the user liked a specific comment. If you perform a like action from one of our mobile apps, some additional information is used to track the activity: IP address, user agent, timestamp of event, blog ID, browser language, country code, and device info.

Activity Tracked: Comment likes.


Contact Form

Data Used: If Akismet is enabled on the site, the contact form submission data — IP address, user agent, name, email address, website, and message — is submitted to the Akismet service (also owned by Automattic) for the sole purpose of spam checking. The actual submission data is stored in the database of the site on which it was submitted and is emailed directly to the owner of the form (i.e. the site author who published the page on which the contact form resides). This email will include the submitter’s IP address, timestamp, name, email address, website, and message.

Data Synced (?): Post and post meta data associated with a user’s contact form submission. If Akismet is enabled on the site, the IP address and user agent originally submitted with the comment are synced, as well, as they are stored in post meta.


Google Analytics

Data Used: Please refer to the appropriate Google Analytics documentation for the specific type of data it collects. For sites running WooCommerce (also owned by Automattic) and this feature simultaneously and having all purchase tracking explicitly enabled, purchase events will send Google Analytics the following information: order number, product id and name, product category, total cost, and quantity of items purchased. Google Analytics does offer IP anonymization, which can be enabled by the site owner.

Activity Tracked: This feature sends page view events (and potentially video play events) over to Google Analytics for consumption. For sites running WooCommerce-powered stores, some additional events are also sent to Google Analytics: shopping cart additions and removals, product listing views and clicks, product detail views, and purchases. Tracking for each specific WooCommerce event needs to be enabled by the site owner.


Gravatar Hovercards

Data Used: This feature will send a hash of the user’s email address (if logged in to the site or WordPress.com — or if they submitted a comment on the site using their email address that is attached to an active Gravatar profile) to the Gravatar service (also owned by Automattic) in order to retrieve their profile image.


Infinite Scroll

Data Used: In order to record page views via WordPress.com Stats (which must be enabled for page view tracking here to work) with additional loads, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.

Activity Tracked: Page views will be tracked with each additional load (i.e. when you scroll down to the bottom of the page and a new set of posts loads automatically). If the site owner has enabled Google Analytics to work with this feature, a page view event will also be sent to the appropriate Google Analytics account with each additional load.


Jetpack Comments

Data Used: Commenter’s name, email address, and site URL (if provided via the comment form), timestamp, and IP address. Additionally, a jetpack.wordpress.com IFrame receives the following data: WordPress.com blog ID attached to the site, ID of the post on which the comment is being submitted, commenter’s local user ID (if available), commenter’s local username (if available), commenter’s site URL (if available), MD5 hash of the commenter’s email address (if available), and the comment content. If Akismet (also owned by Automattic) is enabled on the site, the following information is sent to the service for the sole purpose of spam checking: commenter’s name, email address, site URL, IP address, and user agent.

Activity Tracked: The comment author’s name, email address, and site URL (if provided during the comment submission) are stored in cookies. Learn more about these cookies.

Data Synced (?): All data and metadata (see above) associated with comments. This includes the status of the comment and, if Akismet is enabled on the site, whether or not it was classified as spam by Akismet.


Likes

This feature is only accessible to users logged in to WordPress.com.

Data Used: In order to process a post like action, the following information is used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID (on which the post was liked), post ID (of the post that was liked), user agent, timestamp of event, browser language, country code.

Activity Tracked: Post likes.


Mobile Theme

Data Used: A visitor’s preference on viewing the mobile version of a site.

Activity Tracked: A cookie (akm_mobile) is stored for 3.5 days to remember whether or not a visitor of the site wishes to view its mobile version. Learn more about this cookie.


Notifications

Data Used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID and URL, Jetpack version, user agent, visiting URL, referring URL, timestamp of event, browser language, country code. Some visitor-related information or activity may be sent to the site owner via this feature. This may include: email address, WordPress.com username, site URL, email address, comment content, follow actions, etc.

Activity Tracked: Sending notifications (i.e. when we send a notification to a particular user), opening notifications (i.e. when a user opens a notification that they receive), performing an action from within the notification panel (e.g. liking a comment or marking a comment as spam), and clicking on any link from within the notification panel/interface.


Protect

Data Used: In order to check login activity and potentially block fraudulent attempts, the following information is used: attempting user’s IP address, attempting user’s email address/username (i.e. according to the value they were attempting to use during the login process), and all IP-related HTTP headers attached to the attempting user.

Activity Tracked: Failed login attempts (these include IP address and user agent). We also set a cookie (jpp_math_pass) for 1 day to remember if/when a user has successfully completed a math captcha to prove that they’re a real human. Learn more about this cookie.

Data Synced (?): Failed login attempts, which contain the user’s IP address, attempted username or email address, and user agent information.


Data Used: Any of the visitor-chosen search filters and query data in order to process a search request on the WordPress.com servers.


Sharing

Data Used: When official sharing buttons are active on the site, each button loads content directly from its service in order to display the button as well as information and tools for the sharing party. As a result, each service can in turn collect information about the sharing party. When a non-official Facebook or a Pinterest sharing button is active on the site, information such as the sharing party’s IP address as well as the page URL will be available for each service, so sharing counts can be displayed next to the button. When sharing content via email (this option is only available if Akismet is active on the site), the following information is used: sharing party’s name and email address (if the user is logged in, this information will be pulled directly from their account), IP address (for spam checking), user agent (for spam checking), and email body/content. This content will be sent to Akismet (also owned by Automattic) so that a spam check can be performed. Additionally, if reCAPTCHA (by Google) is enabled by the site owner, the sharing party’s IP address will be shared with that service. You can find Google’s privacy policy here.


Simple Payments

Data Used: Transaction amount, transaction currency code, product title, product price, product ID, order quantity, PayPal payer ID, and PayPal transaction ID.

Activity Tracked: The PayPal payer ID, transaction ID, and HTTP referrer are sent with a payment completion tracking event that is attached to the site owner.

Data Synced (?): PayPal transaction ID, PayPal transaction status, PayPal product ID, quantity, price, customer email address, currency, and payment button CTA text.

Because payments are processed by PayPal, we recommend reviewing its privacy policy.


Subscriptions

Data Used: To initiate and process subscriptions, the following information is used: subscriber’s email address and the ID of the post or comment (depending on the specific subscription being processed). In the event of a new subscription being initiated, we also collect some basic server data, including all of the subscribing user’s HTTP request headers, the IP address from which the subscribing user is viewing the page, and the URI which was given in order to access the page (REQUEST_URI and DOCUMENT_URI). This server data used for the exclusive purpose of monitoring and preventing abuse and spam.

Activity Tracked: Functionality cookies are set for a duration of 347 days to remember a visitor’s blog and post subscription choices if, in fact, they have an active subscription.


Video Hosting

Data Used: For video play tracking via WordPress.com Stats, the following information is used: viewer’s IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code. If Google Analytics is enabled, video play events will be sent there, as well.

Activity Tracked: Video plays.


WooCommerce Services

Data Used: For payments with PayPal or Stripe: purchase total, currency, billing information. For taxes: the value of goods in the cart, value of shipping, destination address. For checkout rates: destination address, purchased product IDs, dimensions, weight, and quantities. For shipping labels: customer’s name, address as well as the dimensions, weight, and quantities of purchased products.

Data Synced (?): For payments, we send the purchase total, currency and customer’s billing information to the respective payment processor. Please see the respective third party’s privacy policy (Stripe’s Privacy Policy and PayPal’s Privacy Policy) for more details. For automated taxes we send the value of goods in the cart, the value of shipping, and the destination address to TaxJar. Please see TaxJar’s Privacy Policy for details about how they handle this information. For checkout rates we send the destination ZIP/postal code and purchased product dimensions, weight and quantities to USPS or Canada Post, depending on the service used. For shipping labels we send the customer’s name, address as well as the dimensions, weight, and quantities of purchased products to EasyPost. We also store the purchased shipping labels on our server to make it easy to reprint them and handle support requests.

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Patreon WordPress Details

For definitions of terms that are capitalized and in italics, please see the preceding Terms And Conditions and Privacy Policy.

The Novelty Factor LLC uses the WordPress content management system for many of its online Websites(s) and properties. The “Patreon WordPress” plugin operates in such a way that personal data may be collected as outlined above in the overall Privacy Policy. This section provides additional detailed information as to what sort of data is collected by the Patreon WordPress Software on the Website. For up-to-date information about these features please see https://codebard.com/, as these policies are reproduced here solely for Your convenience.

What Data Is Collected

In order to enable you to use this website with Patreon services, we save certain functionally important Patreon information about you on this website if you log in with Patreon.

These include your Patreon user id, Patreon username, your first, last names, and your vanity name. Additionally, the id of your campaign at Patreon and your campaign’s Patreon URL are also saved.

If you request that your data be deleted from this website, this data will also be deleted and Patreon functionality will not work. You would need to register on this website and log in to this website with Patreon again in order to re-populate this data and have Patreon functionality working again.

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WordPress is a registered trademark of Automattic Inc.


18 U.S.C. §2257 Record Keeping Requirements Compliance Statement

These Website(s)‘ operator, The Novelty Factor LLC (Novelty Factor) acting under the trade name Satyrotica, is not the producer (whether primary or secondary as defined in 18 U.S.C. § 2257) of adult-oriented content found on said Website(s) unless explicitly stated otherwise. Our activity, with respect to such content, is limited exclusively under these circumstances to the transmission, storage, retrieval, hosting, and/or formatting of content posted by third-party users on areas of these Website(s) under the user’s control.

  1. Novelty Factor follows these compliance procedures in regards to this user-generated content:
    1. All producers (users) must be over eighteen (18) years of age (or age required by their appropriate jurisdiction if more than eighteen years old) and are personally verified by Novelty Factor at account activation prior to being able to upload, share, and sell content on these Website(s);
    2. Prior to upload and publication Novelty Factor ensures that all producers certify (and in some cases provide evidence) that:
      1. All individuals appearing in the content are over eighteen (18) years of age (or the minimum age required to appear in such content by their appropriate Jurisdiction if more than eighteen years old); and
      2. That said individuals freely consented to appear in the content at the time of its production, and that they agree to its upload and publication on these Website(s).
    3. All producers certify that they are compliant with the record-keeping requirements of U.S.C. § 2257 for all depictions uploaded and published on these Website(s) and they agree to deliver such documentation upon request.
  2. As a producer (user) of any adult-oriented Products or Website(s), You agree to execute the above record-keeping, certifications, and other ethical considerations.
    1. Failure to do so will result in immediate account termination and the pursuit of any civil damages from the result of Your negligence.
  3. Novelty Factor, as a producer of adult-oriented materials, certifies, in regards to any content or depictions:
    1. All individuals appearing in any content or depictions are over eighteen (18) years of age;
    2. All individuals freely consent to appear or be depicted in the content at the time of its production;
    3. All individuals agree to the publication of said content;
    4. That all record-keeping requirements of U.S.C. § 2257 are followed and that all records are consistently maintained and available upon request.
    5. No content or depiction is in violation of any standing legal statutes including child sexual abuse or pornography, or the recording or distribution of illegal acts such as non-consensual contact or assault.

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Anti-Spam Policy

For definitions of terms that are capitalized and in italics, please see the preceding Terms And Conditions and Privacy Policy.

Table Of Contents

  1. Introduction
  2. Spam Filtering
  3. Spam Filtering Issues
  4. User Spam
  5. Receipt Of Unwanted Messages From Us
  6. Variation

1. Introduction

  1. In the context of electronic messaging, “Spam” means unsolicited, bulk, or indiscriminate messages typically sent for a commercial purpose.
    1. We have a zero-tolerance Spam policy.

2. Spam Filtering

  1. Our messaging systems automatically scan all incoming emails and other messages (comments) and filter out messages that appear to be Spam.
  2. We may also report incoming emails as Spam. This can result in IP addresses and domain names being blacklisted.

3. Spam Filtering Issues

  1. No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by Our systems.
  2. If You believe that a legitimate message You have sent has been filtered out by Our systems, please advise the message recipient by other means.
  3. You can reduce the risk of a message being caught by the Spam filters by:
    1. Sending the message in plain text (instead of, or in addition to, HTML);
    2. Removing any message attachments;
    3. Avoiding the terminology and text styling typically used by spammers; and/or
    4. Ensuring that your messages are scanned for malware before dispatch.

4. User Spam

  1. We provide a facility that enables users to send email messages and private messages to others.
  2. As outlined in these Terms users must not use our messaging facility or any of our other services to store, copy, send, relay, or distribute Spam.
  3. Full provisions concerning the use of Our messaging facilities are set out in these Website(s) Terms And Conditions of use.

5. Receipt Of Unwanted Messages From Us

  1. In the unlikely event that You receive any message from Us or sent using Our systems that may be considered to be Spam, please contact Us using the details at the end of these Terms and the matter will be investigated.

6. Variation

  1. We may amend this policy at any time by publishing a new version on our website.

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Our Details

  • This website (https://noveltyfactor.com/), and all Website(s) listed at the top of this page, is/are owned and operated by The Novelty Factor LLC.
  • We are registered in Fort Collins, in the County of Laramie, in the State of Colorado, in the United States of America as a Limited Liability Company. Our office is located at
155 E Boardwalk Dr #471
Fort Collins, Colorado 80525
United States Of America
  • You can contact Us:
    • By post, to the postal address given above;
    • Using our website contact form below:

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